COMPANY (referred to as either “the company”, “we”, “us”, or “our” in this agreement refers to AFRICAN TIME TOURS PTY (LTD), 27 Falcon Street, Durbanville, 7550, South Africa.
CLIENT shall include references to an agent of the client with such changes as the context may require
The terms and conditions contained in this document shall apply to the tour booking concluded between AFRICAN TIME TOURS PTY (LTD) and the undersigned client in respect of the tour, as more fully described in the tour itinerary provided to the client on confirmation of the booking.
These terms and conditions shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
The client consents to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that AFRICAN TIME TOURS PTY (LTD) at its instance will have the discretion to sue in the High Court if it is deemed appropriate.
Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.
The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
A booking is considered confirmed when AFRICAN TIME TOURS PTY (LTD) sends written confirmation to the client confirming the booking and a 50% payment is received. Full payment is due 30 days prior to the departure date.
If the booking is made within 30 days of the tour departure date, 100% payment is required on booking. Non-payment of stipulated percentage at time of confirmation, within 30 days of tour departure date, will result in the cancellation policy being applied.
In the event of a cancellation by the client a 10% non-refundable deposit applies to all bookings.
While AFRICAN TIME TOURS PTY (LTD) has utilized its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond AFRICAN TIME TOURS PTY (LTD)'s reasonable control, in which event AFRICAN TIME TOURS PTY (LTD) shall utilize its best efforts to notify the clients of such changes as soon as possible.
The tour price includes only those services/items that are included as per the detailed itinerary, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third party service provider or to the Company for settlement with a third party service provider.
Any pre or post tour services booked through AFRICAN TIME TOURS PTY (LTD) do not form part of the tour price and will be subject to cancellation terms of the third party service provider.
Although the Company takes care to ensure that all information on their website and/or price brochures and/or quotations are correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement, the Company undertakes to take all reasonable steps to inform the client of the correct details. All prices are quoted in South African Rand (ZAR) currency. If a client pays using a non ZAR currency, the amount debited to the customer's account will be as close to the advertised price as possible.
Electronic Transfer: Proof of the transfer with a bank stamp must be emailed to our office (info@africantimetours.com) as proof of payment. All transfer / bank fees are the responsibility of the client. AFRICAN TIME TOURS PTY (LTD) must receive the full total due in to the bank account.
Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by AFRICAN TIME TOURS PTY (LTD). Cancellation fees are applied to the overall tour price.
No cancellation fee is applicable to tours cancelled more than 60 days before date of Departure.
Should a Client cancel a booking 30 days or less prior to the date of departure of the tour for any reason (except due to death or hospitalisation), the client shall be liable to pay a cancellation penalty. The cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and reasonable potential to find alternative customers. Having regard to the aforementioned factors, the following percentages may be forfeited by the customer in respect of the arranged tour price due to a no-show based on the number of days between receipt of the cancellation notice and the date of the departure:
>60 Days: No fee applies. The Company shall refund the tour price (excluding the 10% non-refundable deposit) to the client.
30 - 59 Days: 50% of the tour price is held as cancellation fee (which includes the 10% non-refundable deposit)
0 - 29 Days: 80% of the tour price is held as cancellation fee (which includes the 10% non-refundable deposit)
The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the Company shall refund the tour price (which includes for the avoidance of doubt, the non-refundable deposit) to the client. It is recorded that refund of the tour price as aforesaid shall be the Company's sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.
Any fees charged by banking institutions during the refund process will be for the client's account.
The client acknowledges that the tour is subject to a minimum booking of 4 passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Company.
In the event that the client joins the tour after the departure date, or leaves before the completion thereof for any reason whatsoever, the client shall not be entitled to any refunds or rebates whatsoever from the Company.
It is the client's sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
The Company shall not be held liable for any loss or damage to any client's luggage arising due to circumstances beyond the reasonable control of the company.
Comprehensive travel and cancellation insurance is mandatory on the tour. It is the client's responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
Should the client be unable to present the proof of such insurance to the Company (on request therefore by the Company), the Company may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cancellation penalty payments set out in these terms and conditions.
The client acknowledges that travel insurance must include comprehensive medical insurance including provision for air evacuation, and that the Company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.
The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effect, howsoever arising.
The client must at all times comply with the laws, customs and foreign exchange regulations of South Africa during the tour.
In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behaviour during the tour shall not be tolerated and that the Company, its employees, representatives, agents and/or contractors being so authorized, reserve the right to exclude the client from the tour at any point therein in such circumstances.
The Company shall not be liable for any costs and/or expenses for the client resulting for exclusion as aforesaid, and the client shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.
The Company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use.
The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to the Company.
Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots, Covid-19 and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising (including, but not limited to, the client's or any other person's injury or death, or any loss or damage to the client's or any other person's property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges the Company and its respective director, officers, employees, representatives and agents from any and all such liability.
The client furthermore indemnifies and holds the Company and its respective directors, officers, employees, representatives and agents harmless from and against any and all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client's or any other person's injury or death, or any loss of or damage to the client's or any other person's property) which the client or any other such person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.
AFRICAN TIME TOURS PTY (LTD) has put the necessary measures in place to ensure that all health & safety protocols are being followed to reduce the risk of spreading the Covid-19 virus. While we are following all necessary guidelines, the responsibility of safety and hygiene remains the clients.
All clients will be responsible to ensure that they fully comply with South Africa's regulations for the duration of the tour.
All documentation remains the responsibility of the client and AFRICAN TIME TOURS PTY (LTD) will not be held accountable or responsible for any client not in possession of their own paperwork.
AFRICAN TIME TOURS PTY (LTD) will not be liable for any claims arising from a client being denied access into South Africa due to non-compliance with Covid-19 regulations.
Should a client contract the Covid-19 virus while on tour, the cost of all additional expenses (including but not limited to testing, medical related expenses, hospitalisation, quarantine accommodation) will be for the client's own account.
No refunds will be granted for unused tour nights and services in the event a client contracts Covid-19 while on tour.
Any guest not adhering to protocols on tour may be expelled from the tour.
It remains the responsibility of the client to ensure that adequate travel and medical insurance cover is purchased prior to arrival.